EU Court Adviser Backs WhatsApp in €225M Privacy Fine Appeal

A top legal adviser to the Court of Justice of the European Union (CJEU) has backed WhatsApp’s appeal against the European Data Protection Board (EDPB) in a dispute over a €225 million privacy fine.

The dispute dates back to 2021 when the Irish Data Protection Commission (DPC) fined WhatsApp for failing to meet General Data Protection Regulation (GDPR) transparency requirements. Initially, the Irish regulator proposed a lower fine, but the EDPB intervened and mandated an increase, leading to the €225 million penalty.

WhatsApp challenged the EDPB’s decision, arguing that the board had overstepped its authority, but a lower EU tribunal dismissed the case, stating the company had no legal standing to sue the EDPB.

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In her legal opinion, Capeta stated that WhatsApp’s challenge is admissible and recommended that the case be returned to the General Court for consideration on its merits. Although the CJEU is not bound by the adviser’s opinion, it tends to follow such recommendations in most cases. A final ruling is expected in the coming months.

The CJEU typically follows the recommendations of its advisers in the majority of cases, and a ruling is expected in the coming months.

WhatsApp, owned by Meta, has consistently defended its privacy policies and compliance with EU data protection laws.